Karen and Robert Doolen, Trustee of Doolen Property trust, submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The subject property is Lot 32A, Block 1, of Amended Plat of Lot 32, Block 1, Yellowstone Meadows – Phase Two, totaling approximately 1.769 gross acres and .958 net acres more or less. The property is zoned Residential 9,600 (R-96) and is currently vacant. The parcel is located east of 58th Street West and south of Rimrock Road. The owners are requesting annexation in order to begin developing the property in the City in conformance with the existing zoning.

The property is located within the annexation petition area of the City's Limits of Annexation Map and appears to meet some of the City's criteria in its Annexation Policy. The City is able to serve the property and further analysis and discussion is provided in the Consistency with Adopted Plans and Policies section of this memo. A recommendation of approval is presented by staff. While this is a standalone parcel that will be developed initially at a very low density and is not currently directly adjacent to other property in the City, it is in an area that meets the intent of the City's Annexation Policy. There are unique challenges with the property given sanitary sewer is adjacent to the property in 58th Street West and the DEQ requires connection to municipal services when facilities are in such close proximity. Without the ability to hook up to city utilities, the parcel is unable to be developed for residential uses. The proximity of the parcel to 58th Street West and Rimrock, its "red" designation on the City's Limits of Annexation Map, and the proximity to already established residential areas were significant considerations in the staff's recommendation.

City Council may:

• Approve the petition, or;
• Deny the petition.

Council's action on the petition to annex property has no direct impact on the Planning Division budget.

The subject property is 1.769 gross acres. It is located east of 58th Street West and South of Rimrock Road.  It is in an area of the County that the City included in its Limits of Annexation Map for future annexation and is in close proximity to the existing city limits.

The annexation petition process is scheduled as follows:

• On September 5, 2018, the annexation petition was submitted to the Planning Division by the owner's agent. Due to a legal access issue the petition was placed on hold indefinitely. In March 2020, the property owner resolved the legal access issue in coordination with Yellowstone County. The Board of County Commissioners approved the petition for a portion of Sweetgrass Creek Road to become a public road. With this complete, the petition was processed accordingly.
• On April 27, 2020 the City Council will conduct the public hearing for the annexation and may take action on the request.
• On April 27, 2020, if the City Council approves the annexation resolution, a public hearing and first reading of an ordinance to include the property in City Council Ward IV will be conducted.
• On May 11, 2020, the City Council will conduct the second and final reading for the ordinance expanding the Ward IV boundary.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on the property on April 10 and published in the Yellowstone County News on April 10 and April 17. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although MCA, Sections 7-2-4400 through 4407 does not require a public services plan, it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to provide adequate city services within a time period mutually agreed to by the property owners requesting annexation and the City.
3. Existing or proposed public improvements within the area to be annexed will meet City standards.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest future Special Improvement Districts. 
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Residential-9600. Any development of the property would comply with the zoning regulations.

Departmental Response: City and County Departments were given the opportunity to comment on this annexation. City departments responded favorably and detailed responses are provided below. The County Public Works Department did not respond to this annexation request. The Police Department in its comments did note its concerns as additional property is annexed into the City.

• Water: Water is located in Rimrock Road, about 400 feet north of the subject property. Per approval of City Public Works and the Development Agreement to be executed for this property, the property will utilize a cistern for water initially until extension of the City's Water line in 58th Street West occurs.

• Sewer: Sewer is located in 58th Street West. The property will be served by existing facilities. No extension of services is required to service the property.

• Storm water: All of the storm water runoff from this property will need to meet the City of Billings requirements for storm water management. Any future development will follow the City of Billings storm water regulations.

• Transportation: The subject property is south of Rimrock Road, East of 58th Street West and south of Sweetgrass Creek Drive. The developer will be required to identify and mitigate all traffic impacts at the time of development review. However traffic impacts are minimal for the addition of a single family residence. Further, Yellowstone County Public Works will continue to maintain 58th Street West and Sweetgrass Creek Drive at its existing level.

• Fire Stations: The subject property is currently served by the Billings Fire Department through the Billings Urban Fire Service Area and the Billings Fire Department will continue to serve the property upon annexation. The Billings Fire Department stated that as this and other annexations occur, additional Fire Department resources will be needed. The nearest fire station is Station #7. Response time is estimated at 3 minutes to travel 1.58 miles.

• Police: The Police Department has stated there would be a need to increase staffing, changes in patrols or shifts or equipment to adequately serve the property, if annexed. Further, it was stated “continued development and annexation without commensurate resources has affected the PD’s ability to deliver service.”

• Parks: Parks, Recreation and Public Lands did not provide concerns related to the annexation.

• School facilities: The subject property is zoned R-9600. The School District did not provide any concerns related to the request.

General City Services: These are the City services that are provided to all residents and businesses in the City, such as transit, street and storm drain maintenance, and garbage collection and disposal. The service providers that responded did not object to the annexation of this property,

• Transit: MET services are not available in the vicinity.

• Public Utilities: The Public Works-- Distribution and Collection Division had no concerns with the annexation request.

• Public Works -Street and Traffic Division: See Transportation

• Public Works-Solid Waste: The Solid Waste Division had no concerns with annexing the property, but pointed out that State Law allows the property owner to choose what garbage hauler may service the property after it is in the City. 

• Ambulance Service: The City does not provide ambulance service, however it does dictate the level of service provided by American Medical Response (AMR). By City ordinance, 90% of ambulance calls must be answered within 8 minutes. This property may be within the area of acceptable response time.

• Legal and Finance: General Fund services, such as the Legal and Finance Departments should not be negatively impacted by this annexation.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve the property whether it is in the City or the County.

The Planning Division staff supports the annexation because the property is in the City Annexation Petition Area, has access to City services in the short term and long term, and is in an established residential area. Since sanitary sewer is provided in 58th Street West, the DEQ requires the property owner connect to public utilities. Without the annexation, the residential lot would be prevented from development. Though this is not an infill project, it is in an area identified by the City as the annexation petition area, is in close proximity to most city services and an area that will be added to the City in the long term, and is an established residential area.